The Sun. — London, England, 1809-07-14 00:00:00

LAW REPORT. COURT OF CIiANCERY, TULY rz, BURGESS V. LAMBE. A Gentleman of the name of Lambe, had be- wreath. ' v r. larsse t , erson it property to Sir James Bland Burgess and a Mr,. Lambe, which was to ,be raid out by them in the purchase of estates to be'held by !item as temints for lite, the ,temainder to - Mr, Montague Burgess, the , sou of Sir .1. B. Burgess, also as tenant for lite. Accorninely the estate of Beau.;.. fort, in the County of Sussex, was purchased for waren!. part of this devised property, the wood ,s ,n :sioch as ranted at 1,5001. This estate . was held by Mr. Lambe, as tenant for life, with the remainder to lilr> Montague Burgess. Some time ago an injunation was moved for in the Court of Chancery, in the name of Mr: Burgess, praying, that Mr. Lambe might be restrained from commit ting .waste upon the estate, or cutting down, the timber, pa rticsdarly that which was ornamental to the est.ite. Asihe Plaintiff had previi:usTy filed his bill againit the Defendant, to oblige him to,account for the timber, an interlocutory order of injunLion was given by the Court; and Mr. Lambe now ap plied to the Costa for the removal of this in iunction. In support of this application, Mr. ALEXANDER contenueu that his Client, Mr. Lambe, was tenant, for Itfe, without, - impeachment of waste ; that he —as entitled to the produce of the falls of such tim ber on the estate as was going to decay, or had ar rived -at maturity. He then read several affidavits from Surveyors, and persons acquainted with the management: of woods, declaring that they had marked out for the axe such trees only as were in a -state of decay, or already mature. Sir S. ROMILLy was heard on thesame side. He observed, that the chief ground on which the injun.:- tion had been moved for was, because his Client vsas charged It having cut dowti'wood, which contri buted greatly to the ornament of the splendid man sion of Beaufort, and the adjacent grounda. Now every tree upon the.estate might, ,;a some sort, he, said to be for ornament as well as use. In that beau tiful part of the country where the estate lies, there was hardly a tree which had not something of the picturesque about it, if he might be permitted to use a term, not indeed known in thats Court, but in very general use among modern artists. Besides,, the opir.l of modern improvers of grounds varied so much with regard to what constitutes ornament, some being for clumps and others for scattered trees, that contradictory affidavits as to what constituted ornament,-could easily be produced to the Court.— In short, this was a question. quite indeterminate, - and depending solely on the taste of individuals.— There ,t ere various sees among the improvers of ground: ; and Mr. Knight had his followers as well as Mr. Brown. The general principle wineh he un derstood to have been laid down by this Court was, that a tenant for life was nee to be permitted to cut down such trees as had been planted expressly for ornament ; such as tiros- planted it) clumps, in rows, . or forming vistas. Now his client had not cut down any trees of this description, and therefore he sub mitted that the injonCt:ion ought to be dissolved. Mr. HART and Mr. BELL wee heard on the same side. Sir A.PIGQrJ, Mr. RICHARDS, and Mr. Wr tit!. - Eta., argued for the con.tinuarree orthe injunCtion.— The original value of the timber on the. estate was 15001. and the defendant, Mr., Lambe, who was only tenant for life, had already cut down I IUOI. worth of timber, by which the estate must come so much deteriorated into the halids of the next tenant for life. Mr. Lambe was a mere trustee of the property for his life. They therefore submitted that ' these trees could only be cut down under the direction of A Master, appointed by the Court, ,who should de termine what' trees were proper to cut, down, and what not-; and that' the produce arising- frPM the fall of timber should be. invested in land for the benefit of future tenants flit. life,. till the whole came into the posSession of a tenant in tail; who could do with the property as he pleased.. It . had been said that there were various seats among 'orna mental improvers, and that it would therefore be impossible for the Court to decide what was orna mental in plantation, and what not; - but the condud of Mr. Lambe went literally, as well as figuratively, tolayalie axe t 6 the root of all that on which the speculations of improvers were founded. Were he to be permitted to go on as he haebegun, there would soon be scarcely a tree left t.: ,standing, for h had already cut down,timber to the Value of t tool. the estimated value of the timber op the estate at its purchase being only 'l5OOl. . The Lone 'CHAN &LLCM delivered his opinion at ronsiderable-length On various principles laid down by the Counsel on both sides. He observed, that Lord ThurloW-had given it - as his opinion,' that the teuant'for life of an estate, without the impeach ment of waste, had a right to use his own discretion . - as to the cutting of timber. It had been held by the Court also,' that to restrain the cutlitt down of trees • in such cases, they must be held to hate been plant . ed expressly tor ornament,,.. Doe merely that they were ornamental, which might be more or less the case with every tree on an estate. •' In this` case, however; there might be other persons who had a vested interest in this estate, beside the present Plain tiff and attendant ; these were future or contingent lives, either as tenant for life or in tail. As it was the duty of a Court of Equity to protect the interests of all parties, he should therefore wait till next Seal, 7 to see whether any - thing was said for Stith cotisi,n gent lives. JULY 13. THE GUARDIANS OF PETER HORROCK V. MR. WIL- LIAM . JUPP AND MISS CLARA JUP.P. This case, which stood over from the beginning of June last, came on again to be heard this day, and excited a good deal bf.interest. It was originally an appliCatiOn to the Loid Chan cellor to commit to the Fleet Prisetn'the Defendant,' Mr. Jupp, and -his daughter Miss Clara .Ippp, for contempt oran beder of the Court-, made in August last; to prohibit all cotninunicatiOn and correspond ence between tier and an infant of the ni!flie of Peter Ho :Tuck, a ward in Chancery. The application - was anlvded to-day, by a request that his Lordship would impose upon a 'Gentleway, named Esdale, residing 'POLICE. ALL,- , -Yeiterday William Slgplie-(1, a 'Clerk in the Bank of England, was brought u o his second examination, upon a charge of forgery and fraud in his official situation, uinn a person named Richard Mandy. The circumstances of the case, as they appeared in the depositious.dt the Prosecutor and his brother, 'Were, that 'the. Prisoner had bt-enemplo ) ed at diffeient CUM'S, to lay out various sums, amount"-, 'ing to . 001. to purchase, stock in the 5 per cent. Navy Annuities; tLit he had, in the latter er4or the laSt 1 - t.gularly laid out thirty pounds so intrusted :6 !Wu,: the purchase of foe 11:e . elo-teutor's acc' out ; but that ,tvvo, other sums, the (rite of gal. and the oilier of iOl entrusted to him for the like 'oppose, in the Months of janu-, ary and Aptii iastl_ he had not so laid out, but em 7. bezzied to his account, and gaie. id the. Pro= sectitor's brother two receipts, as for the said respic-, tiVe sums, signed 1.4 i th the bathe of West, purporting to be the name of the person from whom such stock was purchased; but which leceipts and signatdre Were charged to be forgeries. On Mr, Richard' Mandy's application to receive the dividend last due upon such stock, in his name; it was found upoir searching the stock books that nu such sock - bCen transferred to his name, and that there was no such person as West, a huldet of such S tock. The Prisoner was in consequence taken into cos. tody ; and on being examined before the Governar and Diretiors on Tuesday, he acknowledged ale prdfriation of the money to his oNtn ti3e; but:de.. nied that he. had any intention to defraud the party, as he meant to purchase the stock in the ensLniig quarter. He said, also, that the name West was not written as a signature to the receipt he gave the prosecutor's brother, but was. merely entered as memorandum. The Prisoner- being thited for his defence, hiq Counse4 Mr. A Rar N said, that . as entngh had hero sworn to warrant the Magistrate in committing the Prisoner_ for his , trial, be should diem .it tuivisanle reserve, until then tile defence heiotended to.otier. Mr. KEA, Solkitor jot the Hank, attended, anti the Prisoner, was fully. committed ter trial at tue next Old liailey 4es,ions. • On Sunday _morning fast, at lin early hobr, font thieves entered the warehouse of Mr. Miller, in Ha. sing-loge, by means of false keys, and had the :mi. dacity to remain there for several hours suiting out the choicest bale goods. Having provided a . eart for the purpose of carrying the good s otf, tley proceed ed to throw the bales into ttie vehicle, and that with so much violence, that they awoke the ser vant of a gentleman on -the opposite. side at the way, who, it being - an unusual . CirCaill•tilllCL. for a cart tct . be employed on a Sunday morn i ng at so tally an, hour, took the liberty of watching from his IA indoW the proceedings which were carrying on. -laving observed, the villains fasten the warehouse door, and drive off with their booty, he folloAed them at at distance, until he came to the entrance of the Old. Bailey, when he heard one of theni say, 44 All is well, the gates are open," Meaning the gates of the inn, where it was supposed they intended to deliver .the goods to at waggon.- which wag ..ott;. s ...41 - wbout .that time to Worcester, , whither, it supposedi they would have followed and divided the spoil but the man who acted as carman, observing thd watchful eye of the servant, passed on towards Smithfield. When the cart was come opposite - to ,the New ,Drop, all the men, probably suspeding• they were detected, except the driver, turned off to the right, down a lane towards Fleet-market ; their pursuer then seized the horse by the head, and told the driVer he suspected the goods. in' tin* cart _were stolen from ,one of the neighbours, and ' he would not suffer him to proceed any farther with them. The man resisted ,for the moment, and onn of the thieves who liad just before tied, came to his aid, and attempted to pass himself off as a patrols o 1 the night ; but' failing l in this artifice„, be aCtually challenged the_faithful servant to fight fur disy pitting hiS officership. At this moment other,,peo ple were collected together, and the pretended pa. trote and the carman went off ondtr pretence Of, fetching a proper officer. Of course they never-re turned, and the servant drove hack the - goods to-tit* warehouse of Mr. Miller. - • Acv ASS -RACE AGAINST TINE.—.—A match " trot on Monday last. at 'yVilberiosS, near the , Hun-road, The money staked Was 10 guineas. ']: he Ass was to go 1 . 4 miles, in two successive hours, to carry ointt stone . ; which it performed in one hour, forty mi. nutei, and forty-six seconds, with the gr ea t est e a s o possible, amidst the shouts of a nUtnerous concouila of spectators. SHIP NEWS. CRAVZSLND, PjX,Y 12. Arrived—the Hercule, Luis, from Malta.' Sailed—the Minerva, Kennan, for Surinam ; PhqiNie„ for Gibraltar.; Ann, ko.d, for Oporto; and titt, t.;44v, 'Thomas, for Guernsey, • BIRTHS. On Tt:esday, in Manctiester-sm!ct, the Lady of Geotgg Sparks. Esc, of BAldwens, Kent. of a Son. On Thursday last, at Lloyd's:place, Blackhq4:l l , t h e 1 . ... a a y of Geolc Oliver, Esq. of a San. MARRIED. On Tuesday last, Thomas Harvic Farquhar, Esq. elklest sou ctf Sie Walter •Farquhar, .Bart. to Miss Sybilla Kuck. liffe, daughter and sole heiress of the ►ate R‘t. Mutton ltu‘k. Ill*, of Woodtord, in Essex. Cately, T. H. Woodthorpe, Esq. of Gt.fi1,.111411, tololis* Dora.74t, of Albcruarle.otteet. air ; D. On the ,?,(1 inst. aged Simon Houston,. Esq.. of Brewer. street, (.;ottien-square, On Monday, at Uxbridge, after a lingering illness, Sarah Fra , ces Griffin, aged z 6, fourth daughter of Mr. Satinici, Griffin,' of Paligrave-plAce, Temple bar, Wine merchant. Yesterday, Mr. Peter Caryi of Goswell-street. A few days since, at Hampton Wick, a g ed 7o years, Henry Steere, ff , tinet.ty, a C;reen.grocet in Kingston. • PRICE O ZST STOCKS RnAY. lnita Stick, 19 1 11,1;a Bonds,. 23s 245• pr. F.:.c!ley !oils, 9S. #4.. pr. Omniain. pr. mperial 3 per Cent. Cqns. tOr Olicnirg e G 9 Pant: Stock., /i0 . i4. ,, Navy . ; ocr ; Cr 964 1 p!!.r cent 97 4 ► cr 84 k 3 per c ei. knot IS!, I 3 per Ct. C6n*. 67i 64 11,iik L. Atm. LONDON : Printed by RICHARD I:IA RIOS, of No. 4, Martlett-cowt, Bow-street ; and I': n;:,re;l, by WI ILIAM A RMIG ER SC RI PI'S, South Iton-street, Grosvenor square. At the Stiti"-01FICS, No, 112, Strand; wnere .4clverhsemergs; 'Orders for t . ;-,,e Paper., Letters for the Editor...sct, (Postlaick)4' must bq addicsiOs in Baker-street,•at whose house the infant lately had intercourse with Miss Jupp,where she was on a visit, an order to restrain hint from permitting_ in future any interview between the.int-ant and the Defendant's daughter at his house. , Plum the affidavits, it appeared that the infant, who is aged about 17, had been lett a legacy of 50,0001. and in consequence of an application made to the Court, on the-part of his friends, in the month ot'Augustiast,' for the pUrpose of examining into the state of his property, he became a ward_ in Chan cery. In the course of the same month, in conse quence of another application, the order above (led to for restraining all intercourse between : the in:. Pant and Miss Clara JupP was issued by the Lord Chancelloc. The application was grounded upon three affidavits of the friends of the infant, which imputed to the defendants a wish to trepan the ward into — a clandestine matrituonial 'co:inexion with Miss Jupp. The fails alleged in the affidavits were suboantially, that in the`Month of December, 1807, his connexion between the young parties coin- menced in the village of Farnham, in. the County of Surrey, where-they were at school T the one at Dr. Locke',l, and the other at the seminary of Miss Wil-' titer. The friends of the young man having express.; ed their disapprobation of , this incipient acquaintance to the Defendant, and Miss Jupp was taken (ionic for a short time to her father's house at Goring, near - Worthing. But in opposition, however, to tins remonstrance, thh young lady wab sent back again to school, and the intimacy between-her and the infant suffered to be carried on with greater warmth. At this" time the infant be came a ward of the Court, and his friends _ap plied and obtained the order above mentioned, for prohibiting their future acquaintance,which was served on the father and daughter. In the month of May last, however, the young man we n t down to ttie house of the - Defendant, and was there entertained by him with the- greatest hospitality ; a ball was prepared, and the young lady and infant danced- together. Shortly after this period Miss Jinn) was invited to, pay a visit to .Mr. Esdale's house, in Baker-street„ where she staid for several weeks, during which diUe the infant paid Jter se veral visits, and on one occasion danced with her at a ball given by Mr Esdale. The affidavits further im puted -to Mr. Jupp, that this second interview be tween his daughter and the infant was with his knowtedte, prikity . and consent. It was for this contempt of the order of the Court that the coin mittal of the Defendants to prison was sought. Sir S. RotIILLY, in support pt tins amended ap plication, read Mr. Esdale's affidavit, w inch he said would of itself be a sufficient indueeinent to his Lordship, to issue the order tor w hicti he had applied ; for by his own acknowledgment, it appearedanat tie was aware that the Lord Chancellor had issued some sort of order, probibiting4 he marriage of theseyoung persons, knowing therefore that such a restriction existed, his Lordship might legitimately issue such an order. as would in future prevent the repetition of similar visits at his house. _ Atter a few observations from Mr. RICEIABD3, in justification of Mr. EsOak's conduct, it was agri.ed by him to take such an order as his Lordship might think proper to issue. , . Sir SAMUEL ROMILLY then read the affidavit of Mr. Jupp, .in answer to the application for the committal to prison of himself and daughter. It denied in general terms any wish on. the deponent's part to form a matrimonal connexion at all between his Laughter and the infant ;.siifl less' was he di s _ posed to encourage a clandestine match betveria, them-. On the contrary, the connection had met with his decided disapprobation, knowing as he did how opposite it was to the wishes of the yOung, man's friends ; and he had done all he could to dis suade and advise the young persons from the continu ance of their acqu tintaiice ;- in order more effec`-toally to put a stop to which, he had taken away his daughter from the school at Farnham. He denied - that her return . thither was for the purpose of renew ing her connexion with the young man'; but that sire merely went there with her mother for the pur pose of seeing her sister, whom she had lett behind at school. So far was he from agreeing with the sug gestion with re,ped to the inequality of the match, in point of birth, education, and property of Ms own family, that he considered his daughter in no wise be- Heath the infant in any of those respects; and so tar, also, from being a humble farmer, as he had been stated to be,. he could boast. of the antiquity of . his family, and the affluence of his circumstances. :With respect to the' particular facts imputed to him, in violation of the order of the Court, his affidavit spoke of them rather in louse and indistinct t terms. Nothing,..he was of opinion, could justify such gross inhospitality, as to turn the young gentleman out of his house, when he came down into the country, in the month /of May, for the purpose of seeing his daughter. - The visit of his daughter at the house of Mr. Esdale was scarcely mentioned in the affidavit; and it concluded by complaining of the extreme dif -ficulty of his situation with respect to the liability of his daughter to the - visits of the you . ng man, who was I ke. , ;a student at. Oxford, and in every respea mas ter of his own aaions. He therefore prayed, that his Lordship would lay some similar restrictions on the anions of the infant to that:of the deponent and his daughter. Mr.'HIELD then addressed his Lordship on behalf of Mr. Jupp, who doubtless, he said, appeared before the Court under very considerable disadvantages, in consequence of the ex parte statement of this case, which was made some time since; for the minds of the Court must necessatily be prejudiced against him, touching the fads, imputed to his cliatge.• The Learned Gentleman then argued, with consider able ingenuity on the matter contained in the affi davit of his client, and completely vindicated him from any wish to violate any of the orders of the Court. He admitted that the affidavit of the De fendant was loose and vague ; but be was persuaded that ifhis Lordship would allow hint to amend it, he Woiiild completely satisfy the Court, that the re newal of the acquaintance of hiS daughter and Mr. Horrock, at Mr. Esdale'S house, was entirely - with out his knowledge or consent. The LORD CHANCELLOR said, that if the'Defend ant could swear to that fact, the case VI ould appear In a very different point of view to that which i t no w presented to the Court. - Until that amended affida vit, therefore, was laid•before the Court, he should not give fiti'al judgment. He, however, thought it in cumbent oti,him to in:orm . Slr. Jupp,- it he was 1;1+ 1 sent, once for all, that, whatever might be' his judg ment .with resiati to his daughter's, and; his own past coodu6r, any future violation of the order olthe Court would be attended with the inevitable and instantaneous committal and imprisonment of the daughter. His Lordship granted the order against Mr. Esdale, and ,directed that the other part of the question should stand over until Monday next. COURT OF KING's BENCH, 1 , ..mx I,IISIJRA - NCE POLICY. This was a cause upon an insurance policy, matte on the ship 14'ortuna, bound to Elsitnur, ielsin burgh, and Copenhagen, having on board, provi sions, &c. destined for the use ot the British fl-ct and army then off the coast of Denmark. The amoupt of the. ship and cargo was much beyond' GDocl. the payment of which chiefly depended upon the decsion of a Jury in this.. action, and for - vhich the Detendants,, uho are urid!Twriters at Lloyd's, had become conditionally •bound. The principal point on which the whole turned . was, " Whether the ship in question, instead of performing the duty impoSed on her according to the policy of insurance, did or did not comtnit a violent breach of the same, by converting the privilege she enjoyed into that .ot a common smuggler ?"--=Upon this the , whole turned. • In support of the Plaintiff's case, this calumny .was. solemnly denied. Evidence of her capture and conveyance into Co penhagen w 2 .5 proved by. the,, only witnesses 1,4 ho could substantiate the same, namely, a Gentleman who is a native of Denmark, and a prisoner of war in this country, and another, who is also a prisoner of war, and a Lieutenant in the Danish service. They completely proved the capture on the 21 st of 06tober 180 G, the day on which the British force left Copen hageo,--and also proved that the Capture was made nolens volens by a vastly - superior force of Abe-Danes. On behalf of the Underwriters it was contended, as before observed, tha't it was quite impossible for the ship Fortuna to make such a mistake as to at tempt an entrance into Cupetthagen on that day with out a wiltul intent of either a determination to sacri fice the interests of the Underwrite's, or to, go in on a smuggling adventure.. 1 , '%.r this purpose they thought fit Ao,call _ _ Lord Gambier. His Lordship gave his evidence Upon this especial point (which he emphatically ob served was more a matter of conjeture and opinion than of fats) with great perspicuity, marked 'with, strong traits of professional acumen. He stated the relative bearings of the head lands, 'of the Crown B it tery at Copenhagen, those of El,ilieur, the Sound, and the adjacent shore, with profound accuracy, and concluded with observing, that the ship in question could not have Made such a mistake as to enter the harbour of Copenhagen, the British fleet leaving its without knowing that fait. But his Lordship ob served, that between the ignorance of some Captains. of merchantmen, and the folly of others, ,incidents do arise, when she most pjlpable circumstances are either not observed, or, being observed, are not on dersto ,d, and he added, that it might have been the case that this vessel was atlually in the harbour of Copenhagen, and did'avail herself, from one of these causes, to make her escape. This latter, fa& turned ou t to be the case, ,and the Jury found for tho Plaintiff. A young Lady of considerable property, twenty two years of age, who - resided with her uncle and guardian, not far from the gates of Chtlsea Hospital, was missing,at nine,ot.clock on Wednesday evening, when expeaed from her usual Her maid servant, who accompanied her mistress in her walk, i s gone off with her. The hue and cry was.raised, and yesterday morning the young Lady 'was traced to Kingston, in the company of a dragoon,officer, and afterwards to the place where they breakfasted at liampton-Court. No further tidings have been heard ; but the fugitives consisted of four at the . breakfast table on Friday, the principals, and the man' and woman servants of each. - • On Sunday-the 15th ult. an inquest was held at the Angel - Inn, East Retford, before NATHANIEL MASON, Coroner for that borough, on the body of John Bragge, Gent. then lying dead. • The circuni stances attending this case are rather extraordinary, and, according to the evidence, were state& nearly as follows :—The sister of Dennis Frith, an Attor ney in East ,Retfordi "a young accomplished lady, felt or feigned a passion for Mr. John Bragge, a re-t speaable,old gentleman,. about seventy, in conse quence of which she addressed several letters to him in the true loving stile, which "the gallant unfortu nately never thought proper to answer. Dennis Filth, enraged that his sister's affections.should meet with no better return, and anxious to do away the disgrace, as he termed it, went to Mr. Bragge's,. house on the 24th of May, and reproached him with the impropriety of his conduct. From-.words they fell to blows, when Frith repeatedly struck the old man over the head, breast, and legs, with a thick cane which he held in his hand. In consequence of the wounds Mr. Bragge received, he was confined to his bed, and languished till the 23d when he• expired. The Coroner's Jury returned 'a verdict, of " Died of mortal bruises given him by Dennis Frith." Frith has since absconded.— (Tyne ;Vier cury.) • On Sunday afternoon, during one of the heavy Showers, M. Rousseau, a French Offier, confined on board the Bristol, at Chatham, contrived to escape frorn that ship unobserved, by jumping into the river_ with a basket; when in the 'water- he placed the basket over his head, and permitted the tide to drive him : after having been in;.this 'situation for an, hoar and a half, perfeaty concealed by the 'covering he had assumed, he found himself getting weak, and throwing away his basket, endeavoured to mal;e for the shore, from .which. he unexpectedly found him self at a great distance; his strength, however, had so far failed him, that all his • exertions were un availing, and he was at the point of sinking, .when a vessacame along and picked him up. Upon being taken to his 'old quarters, he said he was dererrnio, ed never to risk another attempt. , During the time he has been at Chathatn, he has made four or • five attempts to escape,. and once (about ibis time last, year) had so nearly efietteu it, that he was pick ed up by one of our cruizers in a small open boat I within a mile of Boulogne.. 1